Registration with qualified or possessory title does not make a good root of title.

Sale of registered leaseholds.

Where held by underlease

(i) Above, p. 606.

(k) Above, p. 1061, n. (q, r).

(l) Above, p. 87.

(m) See above, p. 371, and n. (r).

(n) Above, pp. 80 - 82, 1059 - 1061.

(o) Above, p. 1061, n. (q).

(p) Above, p. 1059.

(q) Above, pp. 81, n. (d), 351.

(r) These are (1) registered incumbrances; (2) unless the contrary is expressed on the register, such liabilities, rights and interests as affect the leasehold estate and are by the Acts declared not to be incumbrances in the case of registered freehold land; and (3) estates, rights or interests exempted from the effect of registration with a qualified, good leasehold or possessory title; see above, pp. 1058, n. (c), 1059, 1061, n. (q, r), 1064 - 1066, 1073, 1074, 1086, and next note.

Purchaser must require an abstract and production of the lease.

Unusually onerous covenants.

Registered leaseholds subject to a restriction on alienation without the lessor's licence.

(s) Stat. 38 & 39 Vict. c. 87, 88. 13, 35, 38; Land Transfer Rules (1903), 55 - 59, 140 - 142.

(t) Above, p. 1059.

(u) Above, pp. 351, 352.

(x) Above, pp. 351 sq.

28 (2)

By the Land Transfer Act, 1875 (z), on any transfer of leasehold land thereunder, there shall be implied, in the absence of any entry in the register negativing such implication, a covenant by the transferor that, notwithstanding anything by him done, omitted or knowingly suffered, the rent has been paid and the lessee's covenants and conditions in the lease observed and performed up to the date of the transfer, and a covenant by the transferee to pay the rent and perform and observe such covenants and conditions in future, and to indemnify the transferor against non-payment of the rent or breach of such covenants or conditions (a).

Covenants implied on transfer of registered leaseholds.

Land, which is the subject of a settlement, may be registered under the proprietorship either of the tenant for life having the power of sale given by the Settled Land Acts (b), or of the trustees of the settlement having the power of sale or holding the land on trust for sale, or where there is an overriding power of appointment of the fee simple, of the persons in whom that power is vested (r): but in each case there must also be entered on the register such restrictions or inhibitions as may be prescribed by the rules or may be expedient for the protection of the rights of the persons beneficially interested in the land (d). Thus where the tenant for life is registered as proprietor, restrictions are entered prohibiting transfers except under an order of the registrar or by way of sale whereon the purchase money is to be paid to the trustees of the settlement (e); and where the trustees are registered as the proprietors, restrictions are entered on transfers, unless made under such an order or with the consent of the tenant for life (f). And proper restrictions on registered charges are also entered. But in all these cases the person or persons, in whose proprietorship the land is registered, can, subject only to the restrictions entered on the register, exercise all the powers of disposition given by the Land Transfer Acts to the registered proprietor of registered land (g). If therefore any such person or persons be registered with an absolute title, a purchaser of the land so registered is only concerned (apart from the matter of registered incumbrances and things declared not to be incumbrances (h) ) to see that the vendor's proprietorship is registered as claimed (i), and that the restrictions entered on the register shall be duly observed (k). He is not concerned to see whether the vendor has any power of sale under the settlement or by virtue of the Settled Land Acts; nor, indeed, is he entitled to call for production of the instrument of settlement, or for any information or evidence as to its contents (l). But where the tenant for life or the trustees has or have been registered with a possessory title only subsequently to the date of the settlement, it will be incumbent on a purchaser from him or them to ascertain by investigation of the title in the same manner as if the land were not registered, that the vendor or vendors had at the time of first registration such a power of sale as would have entitled him or them to be registered as proprietor or proprietors of the land with an absolute title (m). If he he satisfied as to this, he may accept the title and take the statutory transfer without any other assurance (n). Otherwise he must of course require such further assurance as may he necessary in the circumstances (o). Where land has been first registered with a possessory title, and a settlement thereof has been subsequently made, and the tenant for life or trustees registered, pursuant to a transfer to the uses of the settlement (p), as proprietor or proprietors, a purchaser from him or them under an open contract will of course have to investigate and, if necessary, get in the title prior to first registration (o), but as regards the estate comprised in the settlement he will only have to see that he obtains the statutory transfer free from registered incumbrances and things declared not to be incumbrances (r); and he will not be entitled to call for production of the settlement (s), and is not concerned to see whether the vendor or vendors has or have any power of sale thereunder. The same principles are of course applicable where settled land is purchased from persons registered as the proprietors thereof in virtue of their having an overriding power of appointment (t).

Purchase of registered land which is settled.

(y) Above, pp. 358 sq.

(z) Stat. 38 & 39 Vict. c. 87, s. 39; see Land Transfer Rules (1903), 138, 139, of which the latter modifies and extends this enactment in a manner appropriate to the transfer of part of the land comprised in the lease.